BID SCHEDULE 0001 Contractor shall furnish native Grass SEED and FORB Mixture NOTE: 1 lot equals approximately 388 pounds of harvested see and forb mixture 1 LOT $_______________________________________________ INSERT FIRM FIXED PRICE Quotes may be faxed No later than 4:00 P.M. MST AUGUST 17, 2010 to : Steve Gess 303-236-4791 REF: 60181QP103 Grass and Forb mixture must consist of the designated PLS/LB as Listed Below The highly diverse, local ecotype native seed source origin must be from eastern North Dakota, Western Minnesota, and Northeastern South Dakota, only.Grass and Forb mixture must consist of the designated PLS/LB as Listed Below NOTE: 1 lot equals approximately 388 pounds of harvested see and forb mixture THIS SEED NEEDS TO BE HARVESTED IN THE FALL OF 2010 and delivered by DEC 15, 2010 The highly diverse, local ecotype native seed source origin must be from eastern North Dakota, Western Minnesota, and Northeastern South Dakota, only. The Valley City WMD uses an integrated pest management approach by seeding native grasses and forbs to help control the spread of invasive species. The District restores degraded tame grass to a diverse stand of dense prairie vegetation to increase ground nesting bird initiation and success on high priority WPA's throughout the District. Current research out of ND State University and Detroit Lakes WMD in Minnesota have shown that seeding a highly diverse stand of native plants (30-50 species) can out compete highly aggressive weeds like Canada thistle, leafy spurge etc. More monitoring is needed on new invasive plants including yellow toadflax and spotted knapweed. These highly diverse stands provide necessary structure and species composition for ground nesting birds, prairie butterflies, and other prairie wildlife. This approach to managing invasive species would mean less herbicide on FWS lands and natural ecological processes such as grazing and fire would be utilized to maintain the health of the grasslands. Valley City WMD sits in the northern great plains and has a short growing season. Past experience at Devils Lake WMD and Tewaukon NWR has shown that local ecotype seed is crucial to the success of the restoration project. Both stations have purchased seed in the past that was not from the northern tallgrass/mixed grass ecosystem. Problems with decreased vigor and absence of blooming (seed generation) occurred. Only local ecotype seed has evolved to handle the harsh northern climates. The project will purchase highly diverse, local ecotype native seed that will provide competition in the form of diversity for invasive species. The seed source origin must be from eastern North Dakota, western Minnesota, and northeastern South Dakota. The seed will need to be from this local geographic area to ensure that the species are adapted to the length of growing season, harsh northern climate and come from the tallgrass to eastern mixed grass ecosystem. If species come from areas further south than this region they will have trouble setting seed in the shorter growing season of the VCWMD. The species from this local geographic area will also minimize the introduction of sub species, hybrids or species with different genotypes to District. A letter of guarantee will be required to verify that seed was either hand or mechanically harvested within the origin locations listed above. Seed mix must follow any weed free certifications and standards set by the State of ND. This seed needs to be seed harvested in the fall of 2010 and is expected for delivery by 12/15/10. Grass and Forb mixture must consist of the following species pounds:Species Total PLS LbsSlender Wheatgrass 11.9394Western Wheatgrass 28.944Canada Wildrye 21.708Green Needlegrass 23.517Little Bluestem 18.09Sideoats Grama 32.562Prairie Dropseed 14.472Big Bluestem 32.562Indiangrass 27.135Switchgrass 13.0248 Max Sunflower 2.8944Lewis Flax 10.99872Purple Coneflower 13.0248Wild Bergamot 1.30248Purple Prairie Clover 8.24904Prairie Coneflower 3.2562Western Yarrow 0.28944Golden Alexander 23.1552Stiff Goldenrod 11.576Blanketflower 10.1304Black-Eyed Susan 15.776Canada Milkvetch 14.472White Prairie Clover 5.64408Leadplant 11.72232Prairie Coreospsis 0.50652Blue Vervain 0.7236Giant Hyssop 1.23012New England Aster 5.7888Canada Anemone 2.8944Stiff Sunflower 27.78624Prairie Blazing Star 5.7888Evening Primrose 0.7236Large Flowered Beardtongue 0.7236 TOTAL Pounds 387.9943 TABLE OF CONTENTS COMMERCIAL CLAUSES 2 1 STATEMENT OF WORK/SPECIFICATIONS 2 2 Clauses By Reference 3 3 Evaluation - Commercial Items 3 4 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items 4 5 Notice of Emerging Small Business Set-Aside 8 6 Electronic Commerce Website - Fish and Wildlife Service - Region 6 8 7 Instructions to Offerors -- Commercial Items 8 8 PAID -- Fish and Wildlife Service--Region 6 10 COMMERCIAL CLAUSES 2 52.252-02 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): For FAR Clauses - http://acquisition.gov/far/index.html For DOI Clauses - www.doi.gov/pam/aindex.html Clause Title Date52.212-04 Contract Terms and Conditions--Commercial Items March 200952.213-01 Fast Payment Procedure May 200652.219-06 Notice of Total Small Business Set-Aside June 200352.223-04 Recovered Material Certification May 2008 3 52.212-02 EVALUATION - COMMERCIAL ITEMS JANUARY 1999 (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: The lowest Price Technically Acceptable quote. SEED Mixture which does not meet the specifications will be rejected. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 4 52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS APRIL 2010 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).(2) 52.233-03, Protest After Award (AUG 1996) (31 U.S.C. 3553).(3) 52.233-04, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer shall check as appropriate.] ___ (1) 52.203-06, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___(3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___(4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (MAR 2009) (Pub. L. 111-5). ___ (5) 52.219-03, Notice of Total HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C 657a). ___ (6) 52.219-04, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C 657a). ___ (7) [Reserved] ___ (8)(i) 52.219-06, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (9)(i) 52.219-07 Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (10) 52.219-08, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637 (d)(2) and (3)). ___ (11(i) 52.219-09, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). ___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)). _X__ (19) 52.222-03, Convict Labor (June 2003) (E.O. 11755). ___ (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126). ___ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). ___ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). _X__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212). _X__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). ___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212). ___ (26) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (27)(i) 52.223-09, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). ___ (ii) Alternate I (MAY 2008) of 52.223-09 (42 U.S.C. 6962(i)(2)(C)). ___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). ___(29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). ___(ii) Alternate I (DEC 2007) of 52.223-16. _X_ (30) 52.225-01, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (31)(i)52.225-03, Buy American Act-Free Trade Agreements-Israeli Trade Act (JUNE 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138. ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (32) 52.225-05, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (33) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O's, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (34) 52.226-04, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). ___ (35) 52.226-05, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). ___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). ___ (39) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). ___ (41) 52.239-01, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (FEB 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-06, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-08, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965 (NOV 2007)(41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009) (xiii) 52.226-06, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-06. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52

Bid Protests Not Available